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Hello, I am engaged to marry a man who came over on a visitors visa, got married and has been married for 8 years to a greencard holder. He is in the process of a divorce. What happens after the divorce is finalized because his visa expired 2 years ago as well as his passport. What do we need to do to get married legally without any problems, I am a U.S. citizen.

Asked on 5/08/08, 8:12 pm

2 Answers from Attorneys

You'll be able to apply for his permanent residence as long as he has his divorce certificate and can prove he entered the U.S. legally (with a copy of the I-94 card, US visa, and his foreign passport).

Let him finalize his divorce and then talk to an immigration attorney. At that point an attorney will help you file for the necessary paperwork to obtain your husband's green card. But more importantly the attorney will be able to determine what obstacles you may run into because of your husband being out of status. If you like, you can feel free to call my office as soon as the divorce is finalized and I'll walk you through the process.